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Shoup Manufacturing Co. , In c. Ray L ovell 3 Stuart Drive Kankakee, IL 60901 Phone: 800

- 627

- 6137 Email: rlovell @shoupparts .com
7 February 201 6 U.S. Department of Transportation Docket Operations West Building Ground Floor, Room W 12

- 140 1200 New Jersey

Avenue, SE Washington, DC 20590
D ear U.S. Department of Transportation, Docket Operations : Shoup Manufacturing Company (“Shoup”) respectfully r equests , pursuant to S ection 333 of The FAA Modernization and Reform Act of 2012, an exemption from the requirements of Title 14 of the Code of Federal Regulations concerning commercial operation of a DJI Phantom 3 Advanced small unmanned aircraft sy stem (sUAS)

. In cluded within this petition is a description of Shoup, the specific sections of Title 14 for which we are seeking relief including the reasons for exemption, the benefits the exemption would have on the public as a whole, the safety c onsiderations being implemented, a full description of the DJIP hantom 3 Advanced specifications, a summary f or publi cation i n the Federal Register, and additional information pertinent to the exemption request
. We appreciate your consideration in this matter. Sincerel y, Ray L ovell President Shoup Manufacturing Co. , In c.U.S. Department of Transportation, Docket Operations

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CHICAGO/#2798964.3 **APPLICANT INFORMATION** Shoup was established in 1977 for the purpose of selling and manufacturing parts for agricultural machinery , tractors, and other farm implements. In doing so it has been working with farmers, and those within the agricultural industry , in an effort to educ ate them as well as provide the highest quality parts and accessories for their equipment. As part of this effort, Shoup presents educational and marketing materials to customers and prospective customers that includes photographic and video footage of the equipment in use. Due to the size and nature of farming equipment and the environment in which it operates (e.g., a combine harvester moving through a field of corn with stalks eight feet tall) , Shoup, its current and prospective customers (i.e., farmers) and the public stand to benefit from incorporating aerial photography and video into this process. Shoup seeks an exemption from certain Federal Aviation Regulations to allow it to operate a single sUAS. Shoup plans to use the DJ I Phantom 3 Advanced for obtaining , with the prior consent of the landowner, aerial photographic and video footage of agricultural equipment on farms in rural areas in Illinois in the United States. Said footage is used for preparation of marketing materials and demonstrations of product application and safe product use. **SUMMARY OF EXEMPTIONS REQUESTED**  Shoup Manufacturing Company seeks exemption from the requirements of the 14 C.F.R. sections listed below and as discussed in Appendix A because said sections do not directly relate to the safe operation , as such operation is proposed herein b y Shoup Manufacturing Company, of a DJ I Phantom 3 Advanced s UAS : 14 C.F.R. Part 21 Subpart H 14 C.F.R. Part 27 14 C.F.R. 45.23(b) 14 C.F.R. 45.27(a) 14 C.F.R. 61. 101(e)(4) 14 C.F.R. 61.101(e)( 5) 14 C.F.R. 61.113(a) 14 C.F.R. 61.113(b) 14 C.F.R. 61.315(a) 14 C.F.R. 91.7(a) 14 C.F.R. 91.9(b)(2) 14 C.F.R. 91.9(c) 14 C.F.R. 91.103(b) 14 C.F.R. 91.119 14 C.F.R. 91.121 14 C.F.R. 91.151(a) 14 C.F.R. 91.151(b) 14 C.F.R. 91.203(a) 14 C.F.R. 91.203(b) 14 C.F.R. 91.405(a) 14 C.F.R. 91.407(a)(1)U.S. Department of Transportation, Docket Operations

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CHICAGO/#2798964.3 14 C.F.R. 91.407(a)(2) 14 C.F.R. 91.417(a) 14 C.F.R. 91.417(b) **APPLICABLE LEGAL STANDARD** Grant of this exemption application for use of the sUAS in aerial photographic and video operations will advance the Congres sional mandate in Section 333 of the Reform Act to accelerate the introduction of sUAS into the national airspace s ys tem (“NAS” ) if it can be accomplished safel y. This law directs the Secretary of Transportation to consider whether certain sUAS may

operate safel y in the NAS before completion of the rulemaking required under Section 332 of the Reform Act. In making this determination, the Secretary is required to determine which types of sUAS do not create a hazard to users of the NAS or the public, or pose a threat to national security in light of the following:

 The sUAS's size, weight, speed, and operational capability ;

 Operation of the sUAS in close proximity to airports and populated areas; and

 Operation of the sUAS within visual line of sight of the operator. Reform Act § 333(a)(1). If the Secretary determines that such vehicles " may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system. " Id . § 333(c). The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority, by

its terms, includes exempting civil aircraft, as the term is defined under §40101 of the Act, from the requirement that all civil ai rcraft must have a current airworthiness certificate and those regulations requiring commercial pilots to operate aircraft in commercial service: The Administrator may grant an exemption from a requirement of

a regulation prescribed under subsection (a) or (b) of this section or any of sections 44702

- 44716 of this title if the Administrator finds the exemption is in the public interest. With respect to Shoup’s request, the grant of the requested exemption in light of Shoup’s proposed operation of the sUA S is warranted based on the clear direction in Section 333 of the Reform Act and the additional authority in the F ederal Aviation Act, as amended, based upon (1) the airworthiness of the proposed sUAS; (2) the strong equivalent level of safety surrounding the proposed operations; and (3) the significant public benefit, including enhanced safety andU.S. Department of Transportation, Docket Operations

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CHICAGO/#2798964.3 educational/economic benefits associated with transitioning to sUAS for aerial photograph y and video

. Shoup therefore respectfully requests that the FAA grant th e requested exemption. **SUPPORTING DISCUSSION (1) AIRWORTHINESS OF**  **THE sUAS**  The manufacturers of prominent sUAS sy stems believe their products meet or exceed airworthiness and safety requirements based on the following:

 Manufacturers have stated in their own exemption requests that numerous public agencies within the US currentl y operate their models without limitations;

 UAS operations in Canada since 2008 have been operating under that country ’s regulations without incident; and

 Current sUAS sy stems are equipped with fail

- safe, redundant automated features which enhance or simplify t ake

- off and landing operations along with a ‘return home’ feature that is controlled by G PS/GLONASS should loss of operator communications occur. Shoup propos es the use of the DJ I Phantom 3 Advanced, which has been recognized as airworth y b y the FAA in connection with many exemption requests. To maintain airworthiness, Shoup will follow a strict ins pection and maintenance program, which is enhanced b y automated safety features of the sUAS. In specific detail, the proposed DJ I Phantom 3 Advanced sUAS contains the following features: A. Flight Modes a. P

- mode (Positioning): i. P

- GPS: GPS and Vision Positioning both available. The aircraft is using GPS for positioning. ii. P

- OPTI : Vision Positioning is available but the GPS signal strength is not sufficient. The aircraft is using onl y the Vision Positioning System. iii. P

- ATTI : Neither GPS nor Vision Position is available. The aircraft is using onl y its barometer for positioning. So only altitude can be stabilized. b. A

- Mode (Altitude): GPS and Vision Positioning System are not used for stabilization. The aircraft only uses its barometer. The aircraft can still automatically

return to Home Point if the control signal is lost and the H ome Point has been successfully recorded. c. F

- Mode (Function): Intelligent Orientation Control (IOC) is activated in this mode. B. Flight Status Indicators a. The DJ I Phantom 3 Advanced has Front LEDs and Aircraft Status Indicators:U.S. Department of Transportation, Docket Operations

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CHICAGO/#2798964.3 i. Front LEDs glow solid red when aircraft is turned on to indicate the nose

of the aircraft. The Aircraft Status Indicators communicate the s ys tem status of the flight controller. C. Return To Home (RTH) and Smart RTH a. The RTH function brings the aircraft back to the last recorded Home Point. There are three types of RTH procedures. i. Smart RTH 1. Use the RTH button on the remote controller or tap the RTH button in the DJIGO app and follow on

- screen instructions when GPS is available to initiate Smart RTH. The aircraft will then automatically

return to the last recorded Home Point. The Home Point is established during the power on procedures of the DJ I Phantom 3 Advanced. ii. Low Battery

RTH 1. The low battery

RTH failsafe is triggered when the DJ I Intelligent Flight Battery

is depleted to a point that m ay affect the safe return of the aircraft. Users are advised to return to home or land the aircraft immediatel y when prompted. The DJ I GO app will display a notice when a low battery warning is triggered. The aircraft will automatically

return to the Home Point if no action is taken after a ten
- second countdown. iii. Failsafe RTH 1. If the Home Point was successfull y recorded and the compass is functioning normally , Failsafe RTH will be automatically activated if the remote controller signal is lost for more than three seconds. The RTH process may

be interrupted and the operator may r egain control of the aircraft if the remote controller signal connection is re - established. D. Vision Positioning Sy stem (VPS) a. The DJ I VPS uses ultrasound and image data to help the aircraft maintain its current position. With the help of the VPS the DJ I Phantom 3 Advanced can hover in place more precisely and fl y indoors or in other environments where GPS signal is unavailable. b. The main components of the VPS are 2 ultrasonic sensors and 1 monocular camera mounted on the underside of the aircraft. E. Flight Reco rder a. Flight data is automatically recorded to the internal storage of the aircraft. This includes flight telemetry , aircraft status information, and other parameters. F. Remote Controller a. The remote controller is in compliance with both CE and FCC regulation s. b. The remote controller is equipped with a RTH button in case of malfunction of the DJ I Phantom 3 Advanced. G. Camera and GimbalU.S. Department of Transportation, Docket Operations

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CHICAGO/#2798964.3 a. The 3

- axis gimbal provides a steady platform for the attached camera, allowing you to capture clear, stable images and video. The gimbal can tilt the camera within a 120 degree range. H. DJIGO app a. Camera i. The Camera page contains a live HD video feed from the Phantom 3 Advanced’s camera. You can also configure various camera parameters from the Camera page. b. Flight Mode: Individual flight modes can be controlled within the DJIGO app. c. GPS Signal Strength: An icon on the main screen shows the current strength of GPS signals. Green bars indicate adequate GPS strength. d. Sy stem Status: A safe to fly icon indicates the current aircraft s ys tem and GPS signal strength. e. Battery

L evel Indicator: The battery level indicator provides a dy namic display

of the battery

level. f. Remote Controller Signal: This icon shows the strength of the remote controllers signal. g. Map: Display

the flight path of the current flight. I. Flight Safety

Features a. All unmanned aerial vehicles (UAV) operators will abide by all regulations set forth by government and regulatory agencies including ICAO and the FAA. For safety reasons, flights are limited by default, which helps users operate this product safel y and legally . Flight limitations include height limits, distance limits, and No

- Fly

Z ones. All No

- Fl y Zones are listed on the DJ I official website at http://flysafe.dji.com/no

- fly . N o - Fl y Zones are divided into Airports and Restricted Areas. J. Safety

Preflight Checklist( For full checklist see Appendix) a. Remote controller, Intelligent Flight Battery , and mobile device are full y charged. b. Propellers are mounted correctl y and firmly. c. Micro

- SD card has been inserted, if necessary

. d. Gimbal is functioning properly

. e. Motors can start and are functioning normally

. f. The DJ I GO app is successfully connected to the aircraft. K. Specifications a. Aircraft i. Weight (Battery

and Propellers Included) 1280 g ii. Max Ascent Speed 5 m/s iii. Max Descent Speed 3 m/s iv. Max Speed 16 m/s v. Max Service Ceiling Ave Sea Level 6000m vi. Max Flight Time 23 min. vii. Operating Temperature 0

- 40 degrees Centigrade viii. GPS Mode GPS/GL ONASS b. Gimbal i. Controllable Range Pitch

- 90 to +30 degreesU.S. Department of Transportation, Docket Operations

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c. Vision Positioning i. Velocity

Range < 8 m/s (2 m above ground) ii. Altitude Range 30 cm

- 300 cm iii. Operating Range 30 cm

– 300 cm iv. Operating Environment Brightly lit(lux > 15) d. Camera i. Sensor Sony EXMOR 1/2.3” ii. Lens FOV 94 degrees iii. ISO Range 100

- 3200(video) iv. ISO Range 100

- 1600(photo) v. Electronic Shutter Speed 8s

- 1/8000s vi. Image Max Size 4000 x 3000 vii. Still Photograph y Modes AEB, Bracketed, Time Laps viii. Supported SD Card Ty pes Micro SD; Max 64 GB ix. Video Recording Modes 2.7K; FHD ; HD x. Max Bitrate Of Video Storage 40 Mbps xi. Supported File Formats FAT32/exFAT xii. Supported Photo File Formats JPEG, DNG xiii. Supported Video File Formats MP4/MOV xiv. Operating Temperature Range 0 to 40 degrees Centigrade e. Remote Controller i. Operating Frequency 2 .400 GHz

- 2.483GHz ii. Transmitting Distance (FCC Compliant) Up to 5.0 km or 3.1 miles iii. Video Output Port USB iv. Operating Temperature Range 0 to 40 degrees Centigrade v. Battery 6000 mAh L iPo 2S vi. Mobile Device Holder Tablets and Smartphones vii. Transmitter Po wer(E IRP) FCC: 20 dbm; CE: 16dbm viii. Working Voltage 1.2 A @ 7.4 V f. Charger i. Voltage 17.4 V ii. Rated Power 57W g. Intelligent Flight Battery i. Capacity 4480 mAh ii. Voltage 15.2 V iii. Battery

Ty pe LiPo 4S iv. Energy 68Wh v. Net Weight 365 g vi. Operating Temperature

- 10 to 40 degrees Centigrade vii. Max Charging Power 100W L. FCC Compliance a. This device complies with part 15 of the FCC Rules. **(2) SAFETY**  **OF PROPOSED OPERATIONS**U.S. Department of Transportation, Docket Operations

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CHICAGO/#2798964.3 Shoup intends to use the single sUAS, which weighs significantl y less than 55 pound s, for the purpose of educational and marketing commercial operations in capturing aerial video and photographic demonstrations of farm equipment , parts and accessories sold by Shoup . The sUAS operations will occur under tightl y controlled conditions on p rivately owned land in rural areas, with the owner’s consent, solely during daylight hours, and at altitudes below 400 ft. AGL Shoup anticipates flying at relati vel y low altitudes and speeds. In addition , all the areas of exemption being applied for will receive an equivalent level of safety through the compan y’s internal operations and procedures and Shoup’s requirements of its pilots and visual observers

. In these way s and as addressed below, the safet y of the general public, the NAS, and those directl y involved within the flight of the DJ I Phantom 3 Advanced, will in no way be compromised by

the granting of the requested exemption. T hrough strict adherence to the outlined specifications and procedures below Shoup Manufacturing Company will ensure that th ere is no risk to an yone involved either on the ground or in the air

. DRONE OPERATORS/PILOT CERTIFICATION PROGRAMS Shoup understands that there needs to be specific rules and regulations in place in order to keep the public safe. Therefore, it is our de sire to make sure that the most current rules and regulations are followed when it comes to the operation of an unmanned aircraft s ys tem. This includes but is not limited to the following: 1. Pilot in Command will be certified and/or hold a valid Private or S port Pilots L icense ; or current equivalent required certificate set forth by the FAA for use of a sUAS or UAV in a commercial setting. 2. Pilot in Command will hold an approved medical certificate or valid U.S. Driver’s License. 3. Minimum crew for each operatio n will consist of the certified/licensed Pilot in Command as well as a Visual Observer. 4. Flight is limited to the line of sight of the Pilot in Command and/or Visual Observer

. 5. A signed Release of L iability Waiver will be required of all persons and property owners involved before the flight of the sUAS

. 6. A briefing will be conducted before each flight b y all Pilots in Command before any flight. SPECIFIC OPERATING GUIDELINES TO BE FOLLOW ED 1. The P reflight C hecklist will be completed before each flight ensuring all hardware is in working order. 2. All flights will be below 400 feet 3. All flights will be within a visual line of sight of the Certified Pilot in Command and/or Visual Observer. 4. Pilot in Command will be sure to check faa.gov/go/uastfr to make sure they are aware of all FAA airspace requirements. 5. Flights will not occur over groups of people. 6. Flights will not take place over stadiums or sporting events. 7. Flights will not be conducted in a careless or reckless manner.U.S. Department of Transportation, Docket Operations

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CHICAGO/#2798964.3 8. Flights will not be within 5 miles of an air port without first contacting air traffic control and airport authorities. 9. Flights will not be near emergency response efforts such as fires or police incidents. 10. Flights will not be near other aircraft. 11. Flights will not be flown while the Pilot in Command or Visual Observer is under the influence. 12. Flights will be operated during daylight hours. 13. Maximum flight time will be within 30 minutes due to battery constraints. With a RTH function enabled below 20%. 14. The DJ I Phantom 3 Advanced wil l weigh less than 24.948Kg ( 55 pounds ) including payload (camera, lens, SD Card, Gimbal) 15. Lo gs will be kept of each flight including distances, altitudes, and locations flown. (See Appendix) 16. Post flight inspections of all equipment including DJIPhantom 3 A dvanced, Intelligent Batteries, and Controller will be completed to ensure sUAS is put away safely and ready for next flight

. (See Appendix for Post

- Flight Checklist) **(3) SIGNIFICANT**  **BENEFITS TO THE PUBLIC AS A WHOLE** Shoup Manufacturing Company manufactur es and sells thousands of parts and accessories for the agricultural industry

. Farm equipment is constantly evolving and changing, enabling farmers to plant, cultivate and harvest crops in a more cost effective , environmentally sound manner

. Creating video s of how new equipment, parts and accessories operate enables farmers and crop specialists to be able to directly see the benefits of new products

. Through the use of the DJIPhantom 3 Advanced and its attached camera, Shoup will be able to show live dem onstrations of the products it sells within the farm applications for which they are intended. This will allow farmers and agricultural specialists to make better informed decision s about which products they may want to purchase, and which ones will best s erve their needs. Second, the proposed sUAS operations will provide a real

- life view of what is required for successful farm practices. This will be useful in educating the public on the efforts needed to bring food to their tables. Third, those who part icipate in the making of the videos, through their consent (Release of Liability Waiver), will be able to gain information about their own farm fields and the use of equipment in that particular environment , which may lead them to implement better practice s, having positive environmental impacts. Fourth , the use of a battery operated unmanned aircraft minimizes environmental impact over that of a manned aircraft. The DJ I Phantom 3 Advanced does not require the burning of fossil fuels and operates at a much lower decibel level, therefore cutting down on both air and noise pollution.U.S. Department of Transportation, Docket Operations

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CHICAGO/#2798964.3 Fifth , a DJ I Phantom 3 Advanced has the ability to fly safel y below 400 feet which is often necessary when showing crops without causing damage to the fields or putting lives in danger as it would in a manned aircraft. Sixth, national security

risks are minimized through the use of a sUAS. The size, load carrying capacity and speed of sUAS operations pose minimal securit y issues; the sUAS carries no passengers or flammable fuels ; the sUAS is pre

- programmed to limit its flight envelope to outside critical air

- side restrictions based on published Airport Layout and/ or Aviation Easement Plans ; and other security concerns are addressed by the Department of Homeland Security’s screening of licensed pilots. Lastl y, through the videos and photographs taken, Shoup can stimulate the U.S. economy because a majority of the p roducts displayed and marketed through this media are American

made, which is a very

important factor for our customers, as well as the producers from which they are purchased.
**SUMMARY FOR PUBLI CATION**  **IN THE FEDERAL REGISTER** a. Shoup Manufacturing Company s eeks exemption from the following requirements of 14 C.F.R. sections: a. 14 C.F.R. Part 21Subpart H b. 14 C.F.R. Part 27 c. 14 C.F.R. 45.23(b) d. 14 C.F.R. 45.27(a) e. 14 C.F.R

. 61.101(e)(4) f. 14 C.F.R. 61.101(e)(5) g. 14 C.F.R 61.113(a) h. 14 C.F.R. 61.113(b) i. 14 C.F.R. 61.315 (a) j. 14 C.F.R. 91.7(a) k. 14 C.F.R. 91.9(b)(2) l. 14 C.F.R. 91.9(c) m. 14 C.F.R

. 91.103(b) n. 14 C.F.R. 91.119 o. 14 C.F.R. 91.121 p. 14 C.F.R 91.151(a) q. 14 C.F.R. 91.151(b) r. 14 C.F.R. 91.203(a) s. 14 C.F.R 91.203(b) t. 14 C.F.R. 91.405(a) u. 14 C.F.R. 91.407(a)(1) v. 14 C.F.R. 91.407(a)(2) w. 14 C.F.R. 91.417(a) x. 14 C.F.R. 91.417(b)U.S. Department of Transportation, Docket Operations

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CHICAGO/#2798964.3 b. Granting of these exemptions would allow for the safe and responsible flight of the DJ I Phantom 3 Advanced unmanned aircraft pursuant to Section 333 of the FAA Modernization and Reform Act of 2012. T he exemptions will permit Shoup Manufacturing Compan y to operate the DJ I Phantom 3 Advanced for the commercial purpose of conducti n g aerial video and photography over areas of the United States. **ADDITIONAL INFORMATION**  Shoup Manufacturing is seeking these ex emptions to be able to safely operate a sUAS within the NAS. In doing so , Shoup’s goal is to enhance its business as well as the businesses of its customers and vendors as described earlier. Shoup understands that it is in the best interest of everyone to do things correctl y and that is wh y Shoup is applying for this exemption, and going through the proper procedures. Much research was conducted of companies using similar as well as identical sUAS and UAV aircraft with the same goals hav ing been granted exemptions. Some examples include exemption numbers 13726, 13818, and 13135. These exemptions were also consulted, along with other sources, in the preparation of this document in order to provide the most accurate and pertinent information p ossible to wards our exemption. Thank you for your consideration in this matter and know that with the granting of this exemption you will not only enhance Shoup’s business , but also help us to act in the best interest and safety of the public we both serve

.CHICAGO/#2798964.3 

# APPENDICESCHICAGO/#2798964.3

**APPENDIX A** 14 C.F.R. Part 21 Subpart H Part 21 Subpart H of the 14 C.F.R. refers directly to the Certification Procedures for Products and Parts, Subpart H

—

Airworthiness Certificates. The limited size and operation of the DJ I Phantom 3 Advanced render it unnecessary to obtain a certificate of airworthiness in order to achieve or exceed current safet y standards under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement of an airworthi ness certificate upon consideration of the size, weight, speed, operation capability , and proximity to airport and populated areas. Shoup will not be operating its DJIPhantom 3 Advanced commerciall y in an y of these restricted areas without first contactin g air traffic control and airport authorities. The primary areas of operation will be within rural and agricultural areas away from general populous, and an y video or photos taken will be done with the signed consent (Release of Liability Waiver) of the p roperty owner as well as those being demonstrated within the material (see Appendix). Secondly , the DJI Phantom 3 Advanced dimensions are a diagonal size (including propellers) of 23.23 inches, a weight of 1280g (2.822 lbs.), a maximum speed of 16 m/s, and an operation capability estimate of onl y 23 minutes with a fully charged battery

. The sUAS does not carry

pilot, passenger or flammable fuel. Again, being as the primary operation of the DJ I Phantom 3 Advanced is in areas that are not populated and due t o the size of the aircraft Shoup’s use of the unmanned aircraft poses no significant threat to life, property , or the environment in which it is flown. 14 C.F.R. Part 27 Part 27 of 14 C.F.R. under section 27.1 Applicability states that this part prescribes airworthiness standards for the issue of ty pe certificates, and changes to those certificates, for normal category rotorcraft with maximum weights of 7000 pounds or less and nine or less passenger seats. While it is understood that a rotorcraft can have multiple engines the DJ I Phantom 3 Advanced is not designed to carry

passengers or reach the maximum weight restrictions. Then as the further subsections are explored, including but not limited to Fuel and Oil Sy stems, Cooling, Exhaust Sy stem, Flo ats and Hulls, etc. it is determined that none of these features directl y relate to the DJIPhantom 3 Advanced. Therefore, we are seeking a full exemption from 14 C.F.R. Part 27 as the applications do not directl y correlate with the system being utilized. 14 C.F.R. 45.23(b) ; 45.27(a); 91.9(c) Exemption from 14 C.F.R. 45.23(b) is being sought on the basis that the need for the words “limited,” “restricted,” “light

- sport,” “experimental,” or “provisional” to be placed near each entrance of the cabin, cockpi t, or pilot station does not apply to the DJ I Phantom 3 Advanced in which none of these compartments exist. For this same reason Shoup Manufacturing Company is also seeking exemptions from 14 C.F.R 45.27(a) and section 14 C.F.R. 91.9(c) which would require compliance to 14 C.F.R. 45.23(b). 14 C.F.R 61.101(e)(4) & 14 C.F.R 61.101(e)(5)U.S. Department of Transportation, Docket Operations

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CHICAGO/#2798964.3 According to 14 C.F.R. 61.101(e)(4) and (e)(5) limitations are set that no person holding a recreational pilot certificate may act as Pilot in Command of an aircraft for compensation or hire, or in furtherance of a business. Shoup Manufacturing Company seeks exemption from these rules as they

are counterintuitive to the commercial usage of the DJ I Phantom 3 Advanced. It is our mission to use the DJI Phantom 3 Advanced for the furtherance of our business in a safe and responsible manner to demonstrate the parts that we sell as well as provide our cliental with accurate examples of the proper implementation of our products. In doing so, the Pilot in Command will heed all safety restrictions and operations consistent with the FAA regulations for operation of a sUAS and would fly within a controlled line of sight environment. 14 C.F.R. 61.113(a) & 14 C.F.R. 61.113(b) In conjunction with the exemptions being sought within 14 C.F.R. 61.101(e)(4) and 14 C.F.R. 61.101(e)(5) it is to be understood that we are also seeking exemption from 14 C.F.R. 61.113(a) and 14 C.F.R. 61.113(b). These individual sections are based under the heading Private Pilot Privileges and Limitations: Pilot in Co mmand. Section (a) states that: no person who holds a private pilot certificate may act as pilot in command of an aircraft carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft. Similarly , part (b) states that a private pilot may , for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if (1) the flight is only

incidental to that business or employ ment; and (2) the aircraft does not carry passengers or property

for compensation or hire. Shoup seeks exemption from both these sections because the DJ I Phantom 3 Advanced, due to its overall size and power, is neither capable of carrying passengers or property . Therefo re the pilot in command would not be responsible for life or safety within this capacity . In the same respect part (b) does not apply , due to the fact that there are no passengers or additional property (besides that which the DJIPhantom 3 Advanced came e quipped with) being attached to it for delivery or transportation. Inaddition, the sUAS has a high degree of pre

- programmed controls and built

- in capabilities that limit even the potential for operation outside of that outlined in this request. 14 C.F.R . 61.315(a) Relief is requested from 14 C.F.R. 61.315(a) since this section sets the limitation for a Pilot in Command to hold a Sport Pilot Certificate and in doing so states that the pilot in command may not be used in furtherance of a business. The DJ I Phantom 3 Advanced we are looking to utilize in a commercial setting is for the furtherance of Shoup as a business. Secondly , it limits only a person with a sport pilot license to act as pilot in command of a light

- sport aircraft in which the DJIPhantom 3 Advanced doesn’t not fit the category of according to 14 C.F.R. 1.1 which defines an LSA under the categories of Airplanes, Gliders, Powered parachutes, Weight

- shift

control aircraft, and Lighter

- than

- air aircraft (balloons and airships). 14 C.F.R. 91.7(

a) Shoup Manufacturing Company also seeks exemption from 14 C.F.R. 91.7(a) which it states that no person may

operate a civil aircraft unless it is in an airworthy condition. Shoup performs all the necessary

safety and equipment checks as recommended by th e manufacturer, DJ I, beforeU.S. Department of Transportation, Docket Operations

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CHICAGO/#2798964.3 and after each individual flight. Pre and post

- flight checklists are contained in the appendices to this request. This includes but is not limited to checking for any cracks or breaks within the body , rotors, or propellers of th e aircraft, testing full operation of GPS and Home location points, as well as gimbal status and operation. Secondl y, being as though 14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate and no such certificate, als o stated in 14 C.F.R. 21 subpart H and 14 C.F.R. 91, would be applicable in the form contemplated by the Federal Aviation Regulations (FARs), this regulation is inapplicable. 14 C.F.R. 91.9(b)(2) The aircraft manual addressed within 14 C.F.R. 91.9(b)(2) b eing present on the aircraft with the pilot and passengers is a section that does not practically appl y to the sUAS . The DJ I Phantom 3 Advanced due to its size doesn’t have the capability of carrying its 59 page 269.887g (.595 pounds) printed manual. Also, being as it is not capable of carrying a pilot or passengers this statute does not pertain to this sUAS

. An equivalent level of safety is achieved through the pilot’s access to the manual and other documentation from the ground. 14 C.F.R. 91.103(b) Relief from 14 C.F.R. 91.103(b) is requested knowing that the DJ I Phantom 3 Advanced is a quadcopter based unmanned aircraft that does not require a formal runway for takeoff or landing purposes. The aircrafts base foot print only measures a total of 13.97 cm (51⁄2 inches) long by 16.51cm (61⁄2 inches) wide. This section also states, as 14 C.F.R. 91.9(b) did, that a manual be present on the aircraft stating the takeoff and landing distances. As mentioned in the previous section the DJ I Phantom 3 Advanced doesn’t have the capability to carry such a manual. Therefore an exemption to this rule is also being sought. 14 C.F.R. 91. 119 Minimum safe altitudes as defined in 14 C.F.R. 119 is an item that is needed for relief in the flying of the DJ I Phantom 3 Advanced. T he rule states in section (b) Over Congested Areas

. Over an y congested area of a city, town, or settlement, or over any open air assembl y of persons, an altitude of 1000 feet above the highest obstacle within a horizontal radius of 2000 feet of the aircraf t, and section (c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsel y populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or stru cture. T he operations proposed by Shoup require relatively

low altitudes, and, in any event, the maximum altitude allowed by the FAA for an unmanned aircraft is 400 feet , requiring an exemption . Shoup will avoid operation of the sUAS in congested areas and will operate the sUAS with full regard to all persons, vessels, vehicles, and structures. Secondly , signed permission will be sought and granted b y all parties involved within the flights before any action is performed. Shoup’s goal is alway s to be mind ful of all safety hazards and be sure that our flights do not negativel y impact the business or customers we work with in any way . 14 C.F.R. 91. 121 Relief is needed from 14 C.F.R. 121, entitled altimeter settings, to allow flight operations of the DJIPhantom 3 Advanced which utilizes GPS equipment and radio communications telemetryU.S. Department of Transportation, Docket Operations

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CHICAGO/#2798964.3 data to downlink altitude information from the unmanned aircraft to the pilot in command. Since the FAA requires that any altitude information concerning unmanned aircraft sy st em operations be reported to air traffic control in feet above ground level based upon local barometric pressure. Shoup seeks relief because the DJ I Phantom 3 Advanced does not primarily base its individual altitude off of the barometric pressure and the m easurement of air pressure like a normal aircrafts altimeter. Instead the ground level of takeoff is given the value of zero and a radio signal transmits the altitude of the DJ I Phantom 3 Advanced based upon that level as the base value directly to the pil ot through use of the DJ I GO application, which is required for flight. 14 C.F.R. 91.151(a) & 14 C.F.R. 91.151(b) Shoup Manufacturing Company seeks relief from 14 C.F.R. 91.151 (a) and 14 C.F.R. 91.151(b) Fuel requirements for flight in Visual Flight Rules (VFR) conditions. The rules states that no person may

begin a flight in an airplane under VFR conditions unless there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed during the day to fl y after that for at least 30 minutes, or at night to fl y after that for at least 45 minutes. Secondly, part (b) states that no person may begin a flight in a rotorcraft under VFR conditions unless there is enough fuel to fl y the first point of intended landing and, assuming normal cruising speed, to fl y after that for 20 minutes. The design, size, weight and power attributes of the sUA S limits flight times to far below those listed in the regulation, which exceed the typical 23 minute battery life of the unmanned aircraft. In addition, due to the size and weight constraints no individual will physically be riding within the aircraft. I f the flight times as state within 14 C.F.R. 91.151 were adjusted in ratio to that of the battery

life expectancy

of a single DJIPhantom 3 Advanced Intelligent Flight Battery the ability to obtain the photographs as well as the video required to be productive would be severel y inhibited making this exemption necessary for our company

to meet its goals. L astl y, in our ability to fly safel y according to the FAA standards for sUAS and UAV devices the DJ I Phantom 3 Advanced will be in a constant visual line of sight of the Pilot in Command (PI C) and Visual Observer. 14 C.F.R. 91.203(a) & 14 C.F.R 91.203(b) Fourteen C.F.R. 91.203(a) and 14 C.F.R. 92.203(b) provides for the carrying of civil aircraft certifications and registrations. As stated earlier under the s ections for 14 C.F.R. 21 subpart H: The size and limited operation allowed with the DJIPhantom 3 Advanced in a safe and responsible manner meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement of an airworthiness certificate upon consideration of the size, weight, speed, operation capability , and proximity to airport and populated areas . Shoup Manufacturing Compan y will not be operating its DJIPhantom 3 Advanced commercially

in any of these restricted areas without first contacting air traffic control and airport authorities. Our primary areas of operation will be within rural and agric ultural areas away from general populous and an y video or photos taken will be done with the signed consent (Release of L iability

Waiver) of the property owner as well as those being demonstrated within the material (see Appendix). Finally , 14 C.F.R. 91 2 03(b) speaks directl y to the aspect of havingU.S. Department of Transportation, Docket Operations

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CHICAGO/#2798964.3 an aircraft with a cockpit or cabin. The DJ I Phantom 3 Advanced has neither of these making this rule inapplicable to our usage. 14 C.F.R. 91.405(a), 14 C.F.R. 407(a)(1), 14 C.F.R. 407(a)(2), 14 C.F.R. 417 (a ), & 14 C.F.R. 417 (b ) Each of these sections directly relates to the maintenance and maintenance records kept on aircraft. The sUAS achieves an equivalent level of safety because it is small in size, will solely operate in restricted predetermined areas and is not a complex mechanical device. Shoup will conduct pre and post

- flight inspections as provided in the Appendices to this request. A ll repairs, if necessary , to the DJ I Phantom 3 Advanced will be made through the direct communication with DJIor an auth orized service center for major repairs. In the instance where a minor repair would be needed, such as rotor replacement, directions both print and video are available directly from the manufacturer and will be followed to the letter. Furthermore, Shoup wi ll keep detailed records and documentation of any alterations or repairs needed to the DJ I Phantom 3 Advanced for review if necessary

(See Appendix). It is our goal to ensure that the unmanned aircraft is alway s in perfect working condition to insure the s afety of its operator as well as the public.CHICAGO/#2798964.3

**APPENDIX B** DJI Phantom 3 Advanced Pre - flight Checklist Form Drone Pre

- Flight Checklist **Drone Operator** : __________________________________________ **Flight D**  **ate** : _____________ **Flight Start Time** : ________________ **F light**  **L ocation**  : _____________ **Weather C**  **onditions** :

_______________ **Check Item**  **Notes**

_______ Preflight Release of Liability Waivers have

been signed and collected.

_______ _____________________________

_______ Conduct Preflight Briefing

_______ _____________________________

_______ Check weather and wind conditions.

_______ _____________________________

_______ Are you in a no

- fly zone?

_______ _____________________________

_______ Inspect equipment for damage.

_______ ___________

__________________

_______ Propellers are mounted correctly and firmly.

_______ _____________________________

_______ Micro

- SD card has been inserted, if

necessary.

_______ _____________________________

_______ Gimbal is functioning properly.

_______ _____________________________

_______ Extra Batteries

_______ _____________________________

_______ Verify battery charge.

_______ _____________________________

_______ Verify controller battery charge.

______________ ______________________

_______ Place drone in a safe level location.

_______ _____________________________

_______ Turn on DJI GO app.

_______ _____________________________

_______ Verify transmitter controls move

_____________________________ _______

_______ Verify transmitter controls are i n neutral

position.

_______ _____________________________

_______ Turn on Transmitter

_______ _____________________________

_______ Connect DJI Intelligent Battery

______________________________ ______

_______ Power on DJI Phantom 3 Advanced

_______ ____________________________

_______ Check for any people or animals nearby

. _______ ____________________________

_______ Stand clear and announce clear.

_______________________________ ____

_______ Start motors and listen for abnormalities.

_______ ____________________________

_______ Hover at 3

- 5 feet for a few seconds to check

stability.

_______ ____________________________U.S. Department of Transportation, Docket Operations

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CHICAGO/#2798964.3 **APPENDIX C** DJI Phantom 3 Advanced Post
- flight Checklist Form Drone Post

- Flight Checklist **Drone Operator** :

__________________________________________ **Flight Date** : _____________ **Flight End**  **Time** : ________________ **Flight L**  **ocation** : _____________ **Weather C**  **onditions** : _______________ **Check Item**  **Notes**

______ Land Drone

__________________________________

______ Turn off Drone

__________________________________

______ Remove Drone battery

__________________________________

______ Power down transmitter

__________________________________

______ Inspect drone for damage, including landing gear,

wiring, batteries, propellers, and all connections

__________________________________

______ Wipe down drone

__________________________________

______ Use can of compressed air to blow dust out of

components and motors

__________________________________

______ Place all components in hard protective case

__________________________________

______ Download videos and photographs to computer from memory card.

__________________________________

______ Erase memory card and put back into drone

__________________________________CHICAGO/#2798964.3

**APPENDIX D** DJI Phantom 3 Advanced Flight Log **Aircraft Model:**

________________ ____ **Serial Number** : ____________________ **Registration Number** : ________________ **Operators Name** :

___________________

**Date Start & End** 

**Times Location of** 

**Flight Distance & Altitudes** 

**Reached During Flight Reason For**  **Flight Year**  **Month Day**  **Hours Minutes** U.S. Department of Transportation, Docket Operations

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CHICAGO/#2798964.3 **APPENDIX E** DJI Phantom 3 Advance d Alteration & Maintenance Log **Aircraft Model:**

____________________ **Serial Number** : ____________________ **Registration Number** : ________________ **Operators Name** : ___________________

**Date Time**  **Part (**  **s )**  **Added/ Replaced**  **& Serial**  **Number (**  **s )**  **Alteration/ Maintenance** 

**Performed Repair Person**  **Year Month**  **Day Hours**  **Minutes**